JUDGEMENT Justice Kurian Joseph, C.J. (Oral) What is the cut-off date for determining the eligibility of a candidate for applying for a post is the question to be considered in this case. 2. The issue pertains to the appointment to the post of Anganwari Supervisors. The learned Single Judge took the view that it is the date of written test. Thus aggrieved, the State has come up in appeal. 3. To refer to the facts of the case, by notification dated 28.10.2002, the Directorate invited applications for the posts of Anganwari Supervisor. To the extent relevant, the notification reads as follows: “Applications are invited for the posts of Supervisors in Social Women and S.C. Welfare department on the prescribed proforma from Anganwari Workers working in Social Women and S.C. Welfare department and Bal Sevikas / Balbari Teacheress-cum-Craft Teacheresses working in Child Welfare Council and State Social Welfare Board within 30 days from the date of publication of this advertisement (within 45 days from Keylong, Udaipur, Kaza, Pangi, Pooh, Dodra Kwar and Bharmour.” 4. The instant case pertains to District Bilaspur and, therefore, the applications are to be submitted within 30 days of the notification. The last date for submission of the applications was 27th November, 2002. This is a case where the notification does not prescribe a date as to the acquisition of the qualification. The cut-off date is sometimes prescribed in the Rules, sometimes prescribed in the notification and sometimes it is omitted to be notified. All the three situations have been dealt with in various judgments of the Apex Court. One of the early decisions in this regard is in Rekha Chaturvedi vs. University of Rajasthan and others, reported in 1993 Supp (3) SCC 168, wherein it has been held that “the candidates selected must be qualified as on the last date for making application for the post in question “. 5. In Shankar K. Mandal and others vs. State of Bihar and others, reported in (2003) 9 SCC 519, all the three situations have been dealt with at para 5, which reads as follows: “What happens when a cut off date is fixed for fulfilling the prescribed qualification relating to age by a candidate for appointment and the effect of any non­prescription has been considered by this Court in several cases. The principles culled out from the decisions of this Court (See Ashok Kumar Sharma and others v. Chander Shekhar and another, Bhupinderpal Singh v. State of Punjab and Jasbir Rani and others v. State of Punjab and another are as follows : (1)The cut off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules; (2)If there is no cut off date appointed by the rules then such date shall be as appointed for the purpose in the advertisement calling for applications; and (3)If there is no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications were to be received by the competent authority.” 6. The above decision was followed in Ashok Kumar Sonkar vs. Union of India, reported in (2007) 4 SCC 54, wherein at para 20, it has been held as follows: “Possession of requisite educational qualification is mandatory. The same should not be uncertain. If an uncertainty is allowed to prevail, the employer would be flooded with applications of ineligible candidates. A cut-off date for the purpose of determining the eligibility of the candidates concerned must, therefore, be fixed. In absence of any rule or any specific date having been fixed in the advertisement, the law, therefore, as held by this Court would be the last date for filing the application- 7. Thus, the issue is no more res integra. In case a cut off date is fixed in the relevant Recruitment and Promotion Rules, the candidate must be qualified with reference to that date. In case, a date is fixed in the notification inviting applications, needless to say that the candidate must be qualified as on that date. In case, no date is fixed either in the Rules or in the notification, the candidate must be qualified as on the last date of submission of the application for the post, that being the fixed date uniformly applicable to all candidates. 8. In the judgment, dated 3.8.2011 in LPA No. 205 of 2011, this Court had, however, taken the view that the candidate must be qualified as on the date of advertisement inviting applications. That also is a case pertaining to the very same selection, as can be seen from the notification inviting applications. 8. In the judgment, dated 3.8.2011 in LPA No. 205 of 2011, this Court had, however, taken the view that the candidate must be qualified as on the date of advertisement inviting applications. That also is a case pertaining to the very same selection, as can be seen from the notification inviting applications. No cut-off date has been fixed for acquiring the qualification either in the Rules or in the notification inviting applications. Therefore, it is a case falling under the third category and hence the candidate need be qualified only by the last date for submission of the application. Since the judgment does not correctly reflect the settled position of the law and the same having omitted to take note of the binding judgments, referred to above, to the extent holding that the candidate must be qualified on the date of the publication of notification inviting applications, the judgment dated 3.8.2011 in LPA No. 205 of 2011 is one rendered per incuriam and hence not to be treated as binding precedent. Therefore, all those applicants for the posts of Anganwari Supervisor, in case they had acquired the qualification as on the last date of the submission of the applications shall be treated as fully- qualified for applying to the post. The date of the selection is irrelevant, as we have already noted above; being an uncertain date, it may lead to malpractices even. To that extent, the judgment of the learned Single Judge dated 3.8.2011 in LPA No. 205 of 2011 is set aside and the appeal is partly allowed. There will be a direction to the appellants to complete the process of selection permitting all those applicants for the posts of Anganwari Supervisor, who had acquired the qualification as on the last date for submission of applications in the instant case on 27th November, 2002. The needful shall be done within a period of two months from today. 9. With the above observations, the appeal stands disposed of, so also the pending applications, if any.